If you have been injured due to the negligence or wrongdoing of another
party, you are entitled to compensation for your damages, such as medical
expenses and lost wages. However, even with an experienced lawyer in your
corner, personal injury claims are rarely a “slam dunk.”
Whether you suffered injuries due to the carelessness of a
distracted driver or the negligence of a doctor, insurance companies will vigorously fight
your claim. Some of the factors that can strengthen or weaken your case
include the following:
If you or someone you care about has suffered serious injury due to someone
else’s negligence, don’t hesitate to
a San Diego injury lawyer at the Law Offices of Robert Vaage for a free
consultation. Our team of dedicated staff is committed to helping injury
victims obtain the compensation they deserve.
The negligence of the parties — In order to bring a successful personal injury claim, you must
be able to show that the defendant acted carelessly. For example, in a
medical malpractice case, you must show that doctor failed to follow the
appropriate standard of care. The more egregious the conduct, the easier
it is to establish liability. However, your damages may also be reduced
by your own percentage of fault.
The nature of your injuries — You must be able to provide medical evidence that shows you sustained
injuries during the accident. The more serious and potentially long lasting
your injuries are, the higher the value of your claim.
The existence of prior medical conditions —A common defense tactic is to blame your current injuries on a
pre-existing medical condition or injury. While a clean bill of health
prior to the accident often boosts the value of your claim, medical records
showing treatment for a similar condition may reduce your settlement or verdict.
The severity of the property damage — In a motor vehicle accident case, the lack of property damage
may be used to suggest that the injuries suffered were not severe. Conversely,
if the vehicle was totaled, you may have a stronger claim.
The credibility of the witnesses — The consistency of the statements made by witnesses, especially
the victim, are critical. Any contradictions or false statements can damage
your credibility and make it more difficult to prove your claim. To avoid
any potential problems, you should avoid making statements directly to
the claims adjuster without first consulting an attorney.